Press Release  AG Campbell Reminds Hospitals of Their Obligation to Provide Access to Emergency Abortion Care Under Federal Law

BOSTON — Massachusetts Attorney General Andrea Joy Campbell joined a coalition of 22 attorneys general in sending a letter to the American Hospital Association (AHA) urging the organization to remind member hospitals of their obligation to comply with the Emergency Medical Treatment and Active Labor Act (EMTALA). The letter responds to the Trump Administration’s recent decision to revoke prior guidance that underscored the obligation of covered hospitals to provide emergency abortion care under EMTALA, even where such care may conflict with state bans on abortion.  

Since it was enacted in 1986, EMTALA has required Medicare-participating hospitals to provide access to abortion care when it is necessary to stabilize a pregnant patient who presents with an emergency medical condition. The letter underscores that the Trump Administration’s rescission of prior guidance does not change hospitals’ obligation to comply with EMTALA’s requirement to provide emergency abortion care.  

On June 3, 2025, the Trump Administration’s Centers for Medicare and Medicaid Services (CMS) rescinded guidance on EMTALA that had been issued in 2022 in the wake of the Supreme Court’s Dobbs v. Jackson Women’s Health decision. The 2022 guidance reminded covered hospitals that they were required under EMTALA to provide access to emergency abortion care. In their letter, the coalition states underscore that the Trump Administration’s rescission of the 2022 guidance does not alter hospitals’ obligations under EMTALA, meaning those Medicare-participating hospitals are still required to provide access to abortion care if necessary to preserve the life of the mother, regardless of the operating state’s laws on abortion. The letter also explains that continued compliance with EMTALA’s requirements is critical because of the devastating harms that result from denying abortion care to pregnant patients in emergency medical situations. The letter points out that the denial of this essential care increases the risk of death for pregnant patients and can cause irreparable harms, including hysterectomy, fertility loss, kidney failure, brain injury, and limb amputation. 

The attorney generals’ letter reaffirms their commitment to protecting pregnant patients by ensuring that hospitals subject to EMTALA comply with the law and provide patients life-saving care when it is needed. 

Joining AG Campbell in sending this letter are the attorneys General of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia. 

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